National Green Tribunal
Dr Gaurav Aggarwal vs Central Pollution Control Board on 29 July, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.395/2022
Dr. Gaurav Aggarwal ...Applicant
Versus
Central Pollution Control Board & Ors. ...Respondents
Date of hearing: 29.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Gaurav Aggarwal.
Respondent: Mr. Shubham Bhalla and Mr. Sumeir Ahuja,
Advocates for Respondent no. 3 and 4.
Mr. Gi. Gi. C. George, Advocate for R-2.
Application under Section 18(1) read with Section 14,15,16 and 17 of
National Green Tribunal Act, 2010.
ORDER
1. Dr. Gaurav Aggarwal has filed the present application under Section 18(1) read with Sections 14, 15, 16 & 17 of the National Green Act 2010, seeking the following reliefs:
"i. It is prayed that a strict policy be framed in Chandigarh for collection, transportation and final disposal of all types of waste taking into account the waste characterization and as per the guidelines framed by CPCB with local adaptation; ii. It is further prayed that a state level committee be formed under senior Judiciary member involving experts from Chandigarh and nearby areas and environmental health experts in particular who will continuously monitor the progress based on actual data and not fabricated data. Hon'ble Bench may issue the directions to involve applicant in the committee as he himself has worked towards waste management and is Public Health Expert and specialized in waste management; and iii. A stricter orders be passed with monetary punishment to be paid from personal pocket not from the Government funds to the erring officials if they fail to comply with the orders as has been O. A. No. 395/2022 Dr. Gaurav Aggarwal Vs. CPCB & Ors.-2-
evident in the past to protect the human right to clean air, safe drinking water and others."
2. The applicant has submitted that the Chandigarh Municipal Corporation has failed to comply with Solid Waste Management Rules 2016 in terms of its collection, transportation and final disposal of solid waste. The Solid Waste Management Plant was setup in the year 2008 at huge cost and the Chandigarh Municipal Corporation has also paid hefty amount to Jaypee Group but the plant is not operational which has led to dumping of tonnes of waste into dumping ground around the area in question. The machinery installed in the plant is not up to the mark and is not of the capacity to handle the waste. The people living around the dumping site are suffering from various diseases like Skin, Asthma, Cancer etc. Till date, leachate has never been treated and no remedial steps have been taken. The walls of Solid Waste Management Plant have collapsed several times due to expansion of dumped solid waste which is also leading to soil contamination of nearby agriculture fields. Several incidents of outbreak of fire have taken place at the dumping site causing massive air pollution. No care has been taken till date regarding emissions of gases which are neuro toxic in nature and can even lead to paralysis. No waste characterization has been carried out so far to remedy the solid waste menace. During rainy season these dumping sites emit foul smell intolerable to the residents of the nearby areas. The Chandigarh Municipal Corporation is not following the environmental norms, rules and regulations.
3. The applicant has also attached brief note presenting the grounds for filing the case. In the brief note, it has been submitted that landfills are a major contributor to the world's anthropogenic greenhouse gas emissions and contamination of surface and ground water by leachate. People living nearby to landfill site suffer from diseases. Nothing has O. A. No. 395/2022 Dr. Gaurav Aggarwal Vs. CPCB & Ors. -3- been done in the direction of ensuring proper conversion of the waste to compost. No concrete steps have been taken to get relived from the legacy waste. No proper segregation of the waste of various categories from collection till disposal is being carried out. The concerned officers do not have the background/training and have failed to manage solid waste
4. Vide order dated 27.05.2022, notices were ordered to be issued to respondents no. 3 and 4 requiring them to file replies specifically responding to all material averments made in the application within one month.
5. In compliance thereof, respondents no. 3 and 4 have filed their affidavits vide E-mails dated 27.07.2022 and 28.07.2022 respectively which are taken on record.
6. Respondent no. 4 has mentioned in its reply that Hon'ble High Court of Punjab and Haryana at Chandigarh is seized of the same issue in CWP No. 13932/2016 titled as Dipti Singh Vs. Union Territory of Chandigarh and the next date of hearing is 01.08.2022. A copy of order dated 13.07.2021 passed by Hon'ble High Court of Punjab and Haryana at Chandigarh in CWP No. 13932/2016 (O&M) & CWP-PIL No, 124/2021 (O&M) has been attached with the short affidavit by respondent no. 4.
7. In view of the fact that two writ petitions involving the same issues are pending before Hon'ble High Court of Punjab and Haryana at Chandigarh, we are of the view that in order to avoid possibility of conflicting orders, no intervention in the matter by this Tribunal is warranted at this stage as the applicant can also move to Hon'ble High Court of Punjab and Haryana by way of appropriate proceedings for appropriate relief.
O. A. No. 395/2022 Dr. Gaurav Aggarwal Vs. CPCB & Ors. -4-
8. In view of the above, the application is disposed of with liberty to the applicant to move to Hon'ble High Court of Punjab and Haryana by way of appropriate proceedings for appropriate relief.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM July 29, 2022 AG